ABOUT CONCEPT OF THE LEGAL REGIME OF PROPERTY INTELLECTUAL OWNERSHIP RIGHTS IN THE MANAGEMENT SPHERE

Problem setting. Article is devoted: in the conditions of globalization of economic relations, strengthening of competition the value of property intellectual ownership rights increases. Efficiency of the use of these rights in a great deal depends on the clear fixing in the legislation of their legal regime. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: A. A. Alekseev, A. V. Malko, A. G. Diduk, L. D. Topalova and others. Article’s main body. In the article the general scientific going is investigational near determination of concept and essence of the legal regime. A concept and elements of the legal regime of property intellectual ownership rights are certain. The features of the legal regime of property intellectual ownership rights are exposed in the management sphere. It is reasonable that maintenance of the legal regime of property intellectual ownership rights is made by certain combination in legal facilities of prohibitions, permissions and obligating, their corresponding combination in certain legal facilities. Drawn conclusion that maintenance of the legal regime of property intellectual ownership rights in the management sphere is stipulated by two factors: by essence of property intellectual ownership rights and branch economics and law regime regulation. The question of realization is investigational in the relations of intellectual property in the management sphere of private and public interests. Features are investigational of application to the settlement of these relations of different methods of the legal regulation that is incarnated in obligating, permissive, prohibitive norms of law. On that ground it is well-proven that the legal regime of property intellectual ownership rights is formed by legal facilities which are characterized combination of permissions, obligating and prohibitions, as a necessary condition of providing of private and public interests in the field of engaging of these rights in an economic turn. To underline that the general-permissive type of regulation which is directed on stimulation of development of this type of economic relations, prevails in basis of the legal regime of these rights. The scientific and legislative going is investigational near the legal regime of property in commercial law. It is set that none of legal titles, on that property is fastened in the management sphere (right of ownership, right for an economic conduct, right for an operative management), can not be used to the property intellectual ownership rights. Most adequate to nature of this right there is a concept ?absolute title? which consists of the following: use of object of intellectual property, disposing of right on the object of intellectual property, securing of right for the object of intellectual property in case of trenching upon him. It is therefore reasonable; that in regard to property intellectual ownership rights other basis of their legal regime must be envisaged than laws of estate. Conclusions and prospects for the development. It offers to fasten these positions in the article 133 of the Commercial Code of Ukraine that it is necessary to complement separate part of the following maintenance: ?Basis of the legal regime of property intellectual ownership rights is made by an absolute title on the object of intellectual property and other rights in accordance with a law?. On the basis of the conducted analysis the legal regime of property intellectual ownership rights in the management sphere is certain as an adjusting order, that is shown in the complex of legal facilities which are directed on providing and harmonization of private and public interests in the field of introduction of these rights to economic turn, by establishment of original set of obligating and prohibitions with the propose of creation of favorable terms for development of the proper relations.